General terms and conditions

General Terms and Conditions
Most recent date of amendment: September 2026

 

Table of Contents:

Article   1 - Definitions

Article   2 - Identity of the trader

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the consumer during the cooling-off period

Article   8 - Exercise of the right of withdrawal by the consumer and associated costs

Article   9 - Obligations of the trader upon withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Continuous transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 19 – Deals and promotions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement by which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
  2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
  3. Consumer: a natural person who is not acting for purposes connected with their commercial, industrial, artisanal or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Continuous contract: a contract that extends to the regular supply of goods, services and/or digital content for a specified period;
  7. Durable data carrier: any medium - including email - that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and enables the reproduction of the stored information in an unaltered form;
  8. Right of withdrawal: the consumer's ability to withdraw from the distance contract during the cooling-off period;
  9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the distance sale of products, digital content and/or services, where, up to and including the conclusion of the contract, one or more distance communication techniques are used exclusively or in addition;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;
  12. Distance communication technique: a means that can be used to conclude a contract without the consumer and trader having to meet simultaneously in the same place.

 

Article 2 - Identity of the trader

McGregor Wholesale B.V., trading as: McGregor New York

Registered address:

Schiphol Boulevard 373
1118 BJ Schiphol
Netherlands

Telephone number:
073-7200190

Contact details:
Monday to Friday from 09:00 to 17:00

 

Email address:
support@mcgregornewyork.com


Chamber of Commerce number:
87739410

VAT identification number:
NL864390701B01

 

If the trader's activity is subject to a relevant licensing system: the details of the supervisory authority.

If the trader is engaged in a regulated profession:

  • the professional association or organisation of which they are a member;
  • the professional title, the place in the EU or European Economic Area where it was granted;
  • a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded how the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be viewed by electronic means and that they will be sent to the consumer free of charge by electronic means or by other means upon request.
  4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

 

Article 4 - The offer

  1. If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, they shall be a faithful representation of the products, services and/or digital content offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
  3. Every offer contains such information that it is clear to the consumer what their rights and obligations are in connection with accepting the offer.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
  2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to that effect.
  4. The trader may, within legal limits, ascertain whether the consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  5. The trader shall, at the latest upon delivery of the product, service or digital content to the consumer, send with it, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, the following information:
  6. the address of the trader's premises where the consumer can lodge complaints;
  7. the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  8. information about warranties and existing after-sales service;
  9. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the event of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

For products:

  1. The consumer may rescind an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may refuse an order of several products with different delivery times, provided that they have clearly informed the consumer of this prior to the ordering process.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
  1. for agreements for the regular supply of products for a specified period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content not supplied on a material carrier:

  1. The consumer may rescind a service agreement and an agreement for the supply of digital content not supplied on a material carrier during a cooling-off period of at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
  2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content not supplied on a material carrier if the consumer was not informed about the right of withdrawal:

  1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
  2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functionality. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
  2. The consumer is only liable for any reduction in the value of the product that is the result of handling the product in a manner that exceeds what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises their right of withdrawal, they shall notify the trader of this during the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product themselves. In any event, the consumer has complied with the return period if they return the product before the cooling-off period expires.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
  5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that they will bear the costs themselves, the consumer does not have to bear the return costs.
  6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  8. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
  9. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
  10. The consumer bears no costs for the full or partial supply of digital content not supplied on a material carrier, if:
  11. prior to its supply, they have not expressly agreed to the commencement of performance of the agreement before the end of the cooling-off period;
  12. they have not acknowledged that they would lose their right of withdrawal by giving their consent; or
  13. the trader has failed to confirm this statement from the consumer.
  14. If the consumer exercises their right of withdrawal, all supplementary agreements are rescinded by operation of law.

 

Article 9 - Obligations of the trader upon withdrawal

  1. If the trader makes it possible for the consumer to notify them of withdrawal electronically, they shall immediately send a confirmation of receipt upon receiving this notification.
  2. The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may delay refunding until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs earlier.
  3. The trader shall use the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least before the agreement is concluded:

  1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period;
  2. Agreements concluded at a public auction. A public auction is understood to be a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to take delivery of the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  4. the performance has begun with the express prior consent of the consumer; and
  5. the consumer has declared that they will lose their right of withdrawal as soon as the trader has fully performed the agreement;
  6. Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  7. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental services and catering;
  8. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
  9. Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or are clearly intended for a specific person;
  10. Products that are perishable or have a limited shelf life;
  11. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  12. Products which, after delivery, are irrevocably mixed with other products by their nature;
  13. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
  14. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
  15. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
  16. The supply of digital content other than on a tangible medium, but only if:
  17. the performance has begun with the express prior consent of the consumer; and
  18. the consumer has declared that they thereby lose their right of withdrawal.

 

Article 11 - Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory rules or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:
  5. they are the result of statutory rules or provisions; or
  6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 12 - Contractual performance and additional warranty

  1. The trader is responsible for ensuring that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader is also responsible for ensuring that the product is suitable for use other than normal use.
  2. An additional warranty provided by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and remedies that the consumer may assert against the trader on the basis of the agreement if the trader has failed to perform its part of the agreement.
  3. An additional warranty is understood to be any commitment by the trader, their supplier, importer or manufacturer in which they grant the consumer certain rights or remedies that go beyond what they are legally obliged to do in the event that they have failed to perform their part of the agreement.

 

Article 13 - Delivery and performance

  1. The trader will exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the trader.
  3. Subject to what is stated about this in Article 4 of these general terms and conditions, the trader will perform accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without cost and the right to any damages.
  4. After rescission in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

 

Article 14 - Duration transactions: duration, termination and extension

Termination:

  1. The consumer may at any time terminate an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may at any time terminate an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may:
    • terminate the agreements mentioned in the previous paragraphs at any time and shall not be limited to termination at a specific time or during a specific period;
    • at least terminate them in the same manner as they were concluded;
    • always terminate them with the same notice period as the trader has agreed for itself.

Extension:

  1. An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement concluded for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement concluded for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate it with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement provides for the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
  4. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may at any time after one year terminate the agreement with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

 

Article 15 - Payment

  1. Unless otherwise stated in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be required by general terms and conditions to pay more than 50% in advance. When advance payment is agreed, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to promptly report any inaccuracies in the payment details provided or stated to the trader.
  4. If the consumer does not meet their payment obligation(s) on time, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not received within this 14-day period, the consumer owes statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favor of the consumer.

 

Article 16 - Complaints procedure

  1. The trader has a sufficiently well-known complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will answer within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must give the trader at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

  1. Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions apply.

 

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

 

Article 19 – Deals and promotions

  1. The trader regularly offers deals and promotions, such as 2-for-1 deals, temporary discount promotions or gifts with the purchase of a product.

  2. Specific terms and conditions apply to all deals and promotions, which are stated with the promotion. These terms and conditions form an integral part of the agreement.

  3. Discounts or gifts are automatically calculated in the shopping cart and are only valid for as long as the promotion runs.

  4. Deals and promotions cannot be combined with other discount codes, sale periods or other temporary promotions, unless expressly stated otherwise.

  5. If the original promotion terms and conditions are no longer met upon return (for example, by retaining a free gift), the right to a (partial) refund of the discount or gift lapses.

  6. The trader reserves the right to adjust or terminate deals and promotions without prior notice, provided that this does not lead to unfair treatment of already concluded orders.

  7. Deals and promotions are only valid for products that are ordered and purchased during the promotion period.

Appendix I: Model form for withdrawal

 

 

Model form for withdrawal

(only fill out and return this form if you want to rescind the agreement)

 

To:
McGregor New York - Ecommerce
Schiphol Boulevard 373
1118 BJ Schiphol

support@mcgregornewyork.com

 

  • I/We* hereby inform you that I/we* rescind our agreement regarding

the sale of the following products:______________________________________________________________________________________________________________________________________________________

rescind/rescinds*

 

  • Ordered on/received on______________________________________________

 

  • Name of consumer(s)_______________________________________________

 

  • Address of consumer(s)_________________________________________________

 

  • Signature of consumer(s)__________________________________________
    (only if this form is submitted on paper)

 

  • Date of signature_________________________________________________

 

 

* Cross out what is not applicable or fill in what is applicable.